Malleeswari v. K. Suguna & Anr

Malleeswari v. K. Suguna & Anr

On 8 September 2025, the Supreme Court of India issued its decision in the case of Malleeswari v. K. Suguna and Another on whether or not a daughter could inherit ancestral property under the Hindu Succession (Amendment) Act, 2005. This dispute began in 2003 when the brother of Malleeswari was given a provisional partition decree, which she was not a part of. In 2018, she petitioned to have that decree modified, considering herself an equal coparcenary to a daughter, and as provided in the Will of her father. The Madras High Court had refused her claim in the earlier orders on the ground of re-appreciation of facts. The Supreme Court felt that the High Court had overstepped its narrow review prerogative under Order 47 CPC, which allows it to remedy only such mistakes that can be identified on the record. It was decreed that Malleeswari had a claim to a birth share in a coparcenary in the amendment of 2005 and that her rights in the property were reinstated. Thus, the Supreme Court on 8 September 2025 again specified that there was equality of daughters in the property of the ancestors and explained further that there were limitations to the power of review.